Part II Giving of evidence or information for purposes of criminal proceedings
C1 Chapter II Protection of witnesses from cross-examination by accused in person
General prohibitions
I1C334 Complainants in proceedings for sexual offences.
No person charged with a sexual offence may in any criminal proceedings cross-examine in person a witness who is the complainant, either—
a
in connection with that offence, or
b
in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.
I2C235 Child complainants and other child witnesses.
1
No person charged with an offence to which this section applies may in any criminal proceedings cross-examine in person a protected witness, either—
a
in connection with that offence, or
b
in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.
2
For the purposes of subsection (1) a “protected witness” is a witness who—
a
either is the complainant or is alleged to have been a witness to the commission of the offence to which this section applies, and
b
either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—
i
by means of a video recording made (for the purposes of section 27) at a time when the witness was a child, or
ii
in any other way at any such time.
3
The offences to which this section applies are—
a
any offence under—
F5i
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F5ii
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F5iii
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F5iv
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F1iva
any of sections 33 to 36 of the Sexual Offences Act 1956,
F9vii
sections 1 and 2 of the Modern Slavery Act 2015;
b
kidnapping, false imprisonment or an offence under section 1 or 2 of the M2Child Abduction Act 1984;
c
any offence under section 1 of the M3Children and Young Persons Act 1933;
d
any offence (not within any of the preceding paragraphs) which involves an assault on, or injury or a threat of injury to, any person.
F43A
In subsection (3)(a)(vi) “relevant superseded enactment” means—
a
any of sections 1 to 32 of the Sexual Offences Act 1956;
b
the Indecency with Children Act 1960;
c
the Sexual Offences Act 1967;
d
section 54 of the Criminal Law Act 1977.
4
In this section “child” means—
a
where the offence falls within subsection (3)(a), a person under the age of F618; or
b
where the offence falls within subsection (3)(b), (c) or (d), a person under the age of 14.
5
For the purposes of this section “witness” includes a witness who is charged with an offence in the proceedings.
Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2